Decision 1547E – Ventura County Community College District
LA-CE-4082-E
Decision Date: September 24, 2003
Decision Type: PERB Decision
Description: Union alleged that community college district unlawfully transferred bargaining unit work by entering into an agreement to allow sheriff’s employees to teach criminal justices for students who would receive college credit. Board analyzed the agreement as akin to a transfer of work and found that the decision to utilize sheriff’s employees as instructors was within the scope of representation.
Disposition: Board found that the district violated EERA.
Perc Vol: 27
Perc Index: 133
Decision Headnotes
101.03000 – NLRA/LMRDA Precedent
NLRA precedent may be relief upon to the extent issues being addressed are similar even if underlying statute is different (fn. 8, p. 22).
200.01000 – In General
In determining the employee status under the Act the Board is not bound by the employer or employee’s intentions, only the language of the Act. Board applied the common law right to control test to determine whether an individual was an employee or independent contractor.
200.06000 – Independent Contractors
In determining the employee status under the Act the Board is not bound by the employer or employee’s intentions, only the language of the Act. Board applied the common law right to control test to determine whether an individual was an employee or independent contractor.
201.01000 – In General
Board applied the common law right to control test to determine whether an individual was an employee or independent contractor.
201.04000 – Joint Employer, Single Employer, and Alter Ego Doctrines
Board found that local sheriff’s employee who taught community college courses for credit were jointly employed by the sheriff and community college district during the times they were teaching.
1000.02026 – Contracting Out
Community college district and local sheriff unilaterally entered into an agreement to allow sheriff’s employees to teach criminal justices for students who would receive college credit. Board found that the agreement was not a subcontracting decision since District maintained the primary right of control over the sheriff’s employees. Instead, Board analyzed the agreement as akin to a transfer of work and found that the decision to utilize sheriff’s employees as instructors was within the scope of representation.
1000.02147 – Transfer of Work Out of Unit
Community college district and local sheriff unilaterally entered into an agreement to allow sheriff’s employees to teach criminal justices for students who would receive college credit. Board found that the agreement was not a subcontracting decision since District maintained the primary right of control over the sheriff’s employees. Instead, Board analyzed the agreement as akin to a transfer of work and found that the decision to utilize sheriff’s employees as instructors was within the scope of representation.
1201.03000 – Back Pay; Interest
Parties ordered to negotiate over backpay claims. If no agreement, union may seek compliance through PERB’s general counsel. An award of agency fees is inappropriate in transfer of work case except to the extent backpay is negotiated.
1202.01000 – In General
To avoid disruption of the operation of the academy and education of its students, the Board does not order an immediate return to the status quo ante in a transfer of work case. The parties have 120 days to negotiate a resolution.
1205.10000 – Other Affirmative Relief
An award of agency fees is inappropriate in transfer of work case except to the extent backpay is negotiated.